ATHENS, Ga. — In the weeks since the alleged murder of Laken Riley, the Clarke County Sheriff’s Office has faced what they call “ongoing speculation” regarding how they process undocumented arrestees and inmates.
Jose Antonio Ibarra and his brother Diego Ibarra, both of whom are undocumented migrants from Venezuela, were both living in Athens-Clarke County.
While Jose Ibarra is accused of murdering Riley, his brother Diego Ibarra was reported to have been cited and detained on multiple occasions by the Athens-Clarke Police Department.
The sheriff’s office said that speculation about their policies and procedures in relation to Diego Ibarra’s status had prompted a clarification to their current policies as a result of his remaining out of custody while awaiting his asylum hearing, scheduled for the end of April.
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In the wake of Riley’s death, Clarke County Sheriff John Q. Williams said he and his office would like to respectfully offer their condolences to the Riley family, then said they wanted to clarify their position on detention policies for foreign nationals booked into custody at the Clark County Jail.
As previously reported by Channel 2 Action News, both of the Ibarras were accused of shoplifting, while Diego Ibarra was also detained on separate occasions for driving under the influence.
Channel 2′s Courtney Francisco spoke exclusively with Sean Ervin, the Field Operations Director for Enforcement and Removal Operations for U.S. Immigration and Customs Enforcement in Atlanta about detainer policies, following the news of the Ibarras’ history and citations by law enforcement in Athens.
Ervin said not all law enforcement agencies honor detainer requests by ICE.
As previously reported by Channel 2 Action News, authorities said Diego Ibarra was in the country illegally and was arrested twice, including by federal authorities, when he crossed the border. Each time, he was released.
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The Clark County sheriff’s office said they had reviewed and updated their detention policy back in 2018, based at the time on a review of public input, best practices, relevant case law and input from legal counsel.
The sheriff’s office updated their policy to decline requests from ICE for detainers to hold inmates because those detainers “are not signed by a judge. The law requires us to notify ICE whenever we book someone either known or suspected to be a foreign nation,” which the office said their policy reflects.
However, the sheriff’s office said “ICE detainers are requests, not a court order or warrant. Holding a person based solely on an ICE detainer constitutes a warrantless arrest. The policy does allow for detaining if a warrant or court order signed by a judge is issued. Whenever ICE is able to pick up an undocumented person before the time they would have been able to bond out or otherwise be lawfully released, the Sheriff’s Office does not prevent them from doing so. When Sheriff Williams took office in 2021, we maintained this policy.”
Discussing specifics related to the Riley death, the sheriff’s office said Jose Ibarra, the murder suspect, “had never been arrested in Athens-Clarke County or the state of Georgia. At no time was Jose Ibarra detained by CCSO before his arrest for the murder of Laken Riley. The Sheriff’s Office’s first contact with him was when he was charged with the murder and he is currently confined and held with no bail.”
Additionally, the sheriff’s office wanted to clarify the responsibilities of their agency.
“It is important to note that the Clarke County Sheriff’s Office is not a full-service law enforcement agency. Under Section 4-105 of the Charter of Athens-Clarke County, “[t]he Sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process and such other duties being provided on the effective date” of the Charter. Thus, the Clarke County Sheriff’s Office does not typically handle duties such as response to 9-1-1 calls and routine patrols,” the sheriff’s office said in a statement.
However, while the sheriff’s office said the case had called “attention to some record-keeping practices that could be improved to help identify and track our responses to any interactions with subjects determined to be undocumented. The stakes involved are of the highest importance. As a result, we are strengthening our policy and will continue to work to uphold all local, state, and federal laws.”
Georgia Rep. Mike Collins, who represents the district Athens is in, sponsored legislation in U.S. Congress to give ICE more tools to handle immigration issues involving cited detainees and other crimes.
The legislation passed the U.S. House with bipartisan support Thursday.
Separately, a Georgia bill in the General Assembly, House Bill 1105, also passed, which allows Georgia officers to arrest anyone suspected of violating immigration laws in the state.
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